| Title | Citation | Year | Summary | Most Relevant | Type | Status |
| Mourain v. Mourain |
12 La.Ann. 147, Supreme Court of Louisiana (February 01, 1857) |
1857 |
Appeal from the District Court of Pointe Coupée, Cooley, J. |
|
Cases |
|
| Ned v. State |
4 George 364, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. EVIDENCE: PRACTICE IN RELATION TO OBJECTIONS TO WITNESSES.If no objection be made in the court below, to the examination of a witness, and if no motion be made to exclude his testimony from the jury, it will be too late to object to his competency in this court, for the first time. 2. SAME: CREDIBILITY OF WITNESS.The principal... |
|
Cases |
|
| Nettles v. Cummings |
9 Rich.Eq. 440, Court of Appeals of Equity of South Carolina (November 01, 1857) |
1857 |
A Society was incorporated in 1853, with power to possess and hold escheated property within the County of Claremont, to a certain amount. The estate of one S. became liable to escheat, and in 1856, while proceedings were pending, in the name of the State escheator, for an account against the administrator of S., and to have his land... |
|
Cases |
|
| New Orleans, J. & G.N.R. Co. v. Lea |
12 La.Ann. 388, Supreme Court of Louisiana (May 01, 1857) |
1857 |
Appeal from the Fourth District Court of New Orleans, Reynolds, J. |
|
Cases |
|
| Newell v. Newell |
5 George 385, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. PLEADING: DEMURRER OVERRULED, WHERE THE PLEADING IS DIVISIBLE AND SUFFICIENT IN PART.-If the defendant demur to the whole declaration, part of which is sufficient, and the residue not, the demurrer will be overruled, if the matters alleged be divisible in their nature. 2. SAME: DECLARATION IN REPLEVIN DIVISIBLE.-A declaration in replevin, for... |
|
Cases |
|
| Newland v. Gentry |
18 B.Mon. 666, Court of Appeals of Kentucky (January 01, 1857) |
1857 |
The principal question in this case is, had the circuit court jurisdiction, on the grounds alleged by the plaintiffs in their petition, to reverse and vacate a decree previously rendered by the same court? As the decree which the plaintiffs sought to reverse had been rendered in a suit in chancery, which was instituted before the adoption of the... |
|
Cases |
|
| Niblett v. Herring |
4 Jones (NC) 262, Supreme Court of North Carolina (June 01, 1857) |
1857 |
The charge of his Honor is in strict conformity with repeated decisions of this Court, of the Courts of England, and of our sister States, where the question has been canvassed. The principle is, that where there is an entire executory contract, and the plaintiff has performed a part of it, and then wilfully refused, without legal excuse, and... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| Noble v. Burnett |
10 Rich. 505, Court of Errors of South Carolina (January 01, 1857) |
1857 |
Upon a question of probate, held, that an executor is a competent witness to attest a mixed will-the Court thinking that he is also competent to attest a will of personalty only. An executor takes in this State a beneficial interest under the will, and that interest is taken away by the statute 25 Geo. 2, ch. 25. The question, whether the office of... |
|
Cases |
|
| Norcum v. Lum |
4 George 299, High Court of Errors and Appeals of Mississippi (April 01, 1857) |
1857 |
1. INTEREST: USURY.-An agreement, regulating the rate of interest to be charged in future dealings between the parties, will not apply to contracts entered into after the passage of a law making the rate so agreed on, usurious. And if thereafter a higher rate than is allowed by law at the time the contract is made, be charged, the previous... |
|
Cases |
|
| Norman v. Hill |
Not Reported in S.E. Rptr., Special Court of Appeals of Virginia (January 01, 1857) |
1857 |
It appears from the testimony and pleading in this case, that John S. Norman, on the 24th day of September, 1846, executed to John W. George, a deed conveying a tract of land in the county of Culpeper containing five hundred and thirty-five acres in trust to secure the payment of $600, due from the said Newman to Thomas Hill, jr. by bond, dated the... |
|
Cases |
|
| Norris v. State |
4 George 373, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. INDICTMENT: MUST BE CERTAIN: CONSTITUTIONAL RULE.Under the Constitution, in all criminal prosecutions, the accused hath the right to demand the nature and cause of the accusation against him. And this right, so secured, requires that the facts which constitute the alleged crime should be stated in the indictment with... |
|
Cases |
|
| Norwood v. Cobb |
20 Tex. 588, Supreme Court of Texas (January 01, 1857) |
1857 |
We no not think proper to re-examine the questions heretofore determined in this case, upon former appeals; or to consider the determinations, necessary to those decisions, open questions. If we were so to consider them, it is believed the same conclusions, so far as essential, would be attained, if not upon precisely the same reasons. The judgment... |
|
Cases |
|
| Nouvet v. Armant |
12 La.Ann. 71, Supreme Court of Louisiana (February 01, 1857) |
1857 |
Appeal from the District court of the parish of St. James, Ratliff, J., presiding. |
|
Cases |
|
| Odom v. Harris |
5 George 410, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
PLEADING: NOT NECESSARY TO PLEAD INCAPACITY IN ORDER TO AVOID A DEED IN AN ACTION OF REPLEVIN.-The defendant, in an action of replevin, may, under the plea of not guilty, impeach the validity of a deed purporting to be executed by him and offered in evidence by the plaintiff, by showing his incapacity to execute it; in such a case it is unnecessary... |
|
Cases |
|
| Ogle v. State |
4 George 383, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. PRACTICE: CONTINUANCE: REFUSAL TO GRANT NOT ERROR, UNLESS MANIFESTLY WRONG.-Applications for a continuance are always addressed to the sound discretion of the court; and it is only where this discretion has been manifestly abused, that the action of the court below can be assigned for error. 2. CRIMINAL LAW: JUROR: COMPETENCY OF.-A person who... |
|
Cases |
|
| Oglesby v. Stodghill |
23 Ga. 590, Supreme Court of Georgia (November 01, 1857) |
1857 |
The first assignment of error is on the decision of the Court allowing plaintiff's counsel to amend his declaration. A new count was added and it was objected, that it contained a new and distinct cause of action and it was not germain to the matter of the original declaration and incongruous therewith. No objection was made to the new count as to... |
|
Cases |
|
| Olive v. Walton |
4 George 103, High Court of Errors and Appeals of Mississippi (April 01, 1857) |
1857 |
1. STATUTES, CONSTRUCTION OF.In the construction of statutes we must look to the spirit and object of the Act, and construe its language with reference to the policy indicated by it. 2. HUSBAND AND WIFE: SEPARATE ESTATE OF WIFE: HOW IT DESCENDS.The Married Woman's Law of 1839, and the amendment thereto, passed in 1846, were intended... |
|
Cases |
|
| OPINION OF JUDGE APPLETON. |
44 Me. 521, Supreme Judicial Court of Maine (March 26, 1857) |
1857 |
In pursuance of the requirements of the constitution, I have the honor to answer the inquiry proposed by the honorable senate. The constitution of this state confers the right of suffrage on every male citizen of the United States of the age of twenty-one years and upwards, excepting paupers, persons under guardianship, and Indians not taxed,... |
|
Cases |
|
| OPINION OF JUDGE HATHAWAY. |
44 Me. 516, Supreme Judicial Court of Maine (March 26, 1857) |
1857 |
To the Honorable, the Senate of Maine: In obedience to the preceding order, I have considered the question proposed to the court, and herewith transmit my opinion, as one of the justices thereof. By the constitution of Maine, article two, section one: Every male citizen of the United States, of the age of twenty-one years and upwards, excepting... |
|
Cases |
|
| Opinion of the Justices |
44 Me. 505, Supreme Judicial Court of Maine (March 26, 1857) |
1857 |
Read and passed. HIRAM CHAPMAN, President pro tem. Attest: JOSEPH B. HALL, Secretary of the Senate. |
|
Cases |
|
| Oreline v. Haggerty's Heirs |
12 La.Ann. 880, Supreme Court of Louisiana (August 01, 1857) |
1857 |
Appeal from the District Court of Lafayette, Dupré, J. |
|
Cases |
|
| Osborne v. High Shoals Min. & Mfg. Co. |
5 Jones (NC) 177, Supreme Court of North Carolina (December 01, 1857) |
1857 |
Where the agent of a corporation signed his name to an obligation to pay money, with his private seal affixed, it was Held, that although the instrument did not become the covenant of the corporation, yet it was evidence of a contract, on proof of the agency. ACTION of ASSUMPSIT, tried before PERSON, J., at the last Fall Term of Mecklenburg... |
|
Cases |
|
| Owen v. Brown |
12 La.Ann. 172, Supreme Court of Louisiana (March 01, 1857) |
1857 |
Appeal from the District Court of Carroll, Farrar, J. Tried by jury. |
|
Cases |
|
| Pace v. Mealing |
21 Ga. 464, Supreme Court of Georgia (January 01, 1857) |
1857 |
A verdict having been found, setting up the will propounded for probate in this case, a rule nisi was moved at the same Term, calling upon the successful party to show cause, so soon as counsel could be heard, why a new trial should not be granted, According to the practice of the Court, the argument would have been heard, and the decision made at... |
|
Cases |
|
| Parker v. Beavers |
19 Tex. 406, Supreme Court of Texas (January 01, 1857) |
1857 |
It is not necessary to express any opinion on the question (which has been argued at length and with much ability by counsel for the appellee, in support of their demurrer), whether it was competent to set up and prove by parol, a trust or use different from that which the deed imports. For, however that may be, our opinion upon the other questions... |
|
Cases |
|
| Patterson v. Kirkland |
5 George 423, High Court of Errors and Appeals of Mississippi (October 01, 1857) |
1857 |
1. PLEADING: JOINDER OF CAUSES OF ACTION.A count upon the fraudulent representations of the vendor, in relation to the soundness of the chattel sold, may be united with a count upon a breach of warranty of soundness. 2. SALE: IF REPRESENTATIONS AS TO QUALITY ARE MADE, THEY MUST BE FULL.If the vendor make any representations to the... |
|
Cases |
|
| People ex rel. Billings v. Bissell |
19 Ill. 229, Supreme Court of Illinois (December 01, 1857) |
1857 |
This is an application filed by the relator, asking for an alternative writ of mandamus to be directed to the Governor, commanding him to issue to the relator certain interest bonds, or certificates, to which he claims to be entitled under the law of 1847, and presents the distinct question, whether this court will assume to itself jurisdiction to... |
|
Cases |
|
| People ex rel. Dunn v. Boring |
8 Cal. 406, Supreme Court of California (October 01, 1857) |
1857 |
The fifth subdivision of section thirty-seven of the Act concerning sheriffs, requires, on the election of a new sheriff, the former sheriff to deliver over to his successor all executions, attachments, and final process, except those which he has executed, or has begun to execute, by the collection of money, or a levy on property; and the... |
|
Cases |
|
| People v. Downer |
7 Cal. 169, Supreme Court of California (January 01, 1857) |
1857 |
The question arising in this case was fully considered and settled in the Passengers Cases, 7 Howard, by the Supreme Court of the United States. For eight years, that decision has remained unquestioned as a construction of the powers of the State governments over the subject in controversy, and however much there may exist a... |
|
Cases |
|
| Phipps v. Berger |
12 La.Ann. 111, Supreme Court of Louisiana (February 01, 1857) |
1857 |
Appeal from the District Court of Terrebonne, Cole, J. |
|
Cases |
|
| Phipps v. Morton |
4 George 211, High Court of Errors and Appeals of Mississippi (April 01, 1857) |
1857 |
HIGH COURT: PRACTICE: BILLS OF EXCEPTIONS.-Where the bill of exceptions is taken to the judgment of the court below, in overruling a motion for a new trial; this court will not reverse the judgment for an error in the admission of improper testimony, unless all the evidence in the cause be set out in the record. |
|
Cases |
|
| Pickens v. Yarborough |
30 Ala. 408, Supreme Court of Alabama (January 01, 1857) |
1857 |
[CREDITORS' BILL TO SUBJECT PROPERTY IN POSSESSION OF DEBTOR'S WIDOW UNDER FRAUDULENT PURCHASE FROM EXECUTOR.] APPEAL from the Chancery Court of Perry. Heard before the Hon. JAMES B. CLARK. |
|
Cases |
|
| Pinckard v. Pinckard |
23 Ga. 286, Supreme Court of Georgia (August 01, 1857) |
1857 |
In a suit for divorce, against the husband, an order was made, requiring him to pay the wife, a certain sum, as a fee to her counsel, and certain monthly sums, as alimony for herself; he failed to pay her any thing, and a rule was taken against him, requiring him to show cause, why he should not be committed for a contempt; he showed, for cause,... |
|
Cases |
|
| Pinckston v. Brown |
3 Jones Eq. 494, Supreme Court of North Carolina (December 01, 1857) |
1857 |
Fraud vitiates every contract into which it enters, and equity will grant relief by declaring it void and decreeing the instrument executed under it to be delivered up, and this whether the fraud be actual or constructive. The party, however, claiming this relief, must come into Court with clean hands. If he has been a particeps criminis in the... |
|
Cases |
|
| Pinkston v. McLemore |
31 Ala. 308, Supreme Court of Alabama (June 01, 1857) |
1857 |
[BILL IN EQUITY BY WIFE, AGAINST EXECUTION CREDITORS OF HUSBAND, TO ENJOIN SALE OF HER SEPARATE PROPERTY.] APPEAL from the Chancery Court of Montgomery. Heard before the Hon. WADE KEYES. |
|
Cases |
|
| Pollock v. Citizens' Bank of Louisiana |
12 La.Ann. 228, Supreme Court of Louisiana (March 01, 1857) |
1857 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
|
Cases |
|
| Porche v. Le Blanc |
12 La.Ann. 778, Supreme Court of Louisiana (December 01, 1857) |
1857 |
Appeal from the District Court of Terrebonne, Cole, J. |
|
Cases |
|
| Powell's Distributees v. Powell's Legatees |
30 Ala. 697, Supreme Court of Alabama (June 01, 1857) |
1857 |
[CONTEST AS TO VALIDITY OF WILL.] APPEAL from the Probate Court of Greene. |
|
Cases |
|
| Powers v. Inferior Court of Dougherty County |
23 Ga. 65, Supreme Court of Georgia (June 01, 1857) |
1857 |
The Act of 1855, to authorize the county of Dougherty to aid in constructing the Georgia and Florida Railroad, between Albany and Americus, or any other Railroad running to said county, by the subscription for stock, and the issue of bonds therefor, upon a vote of the citizens, is constitutional. In Equity from Dougherty. This was a bill filed by... |
|
Cases |
|
| Preston v. Harrison |
9 Ind. 1, Supreme Court of Indiana (May 01, 1857) |
1857 |
One Vanausdall, having recovered a judgment against Preston, the defendant, sued out a writ of fieri facias thereon, which was levied upon a tract of land, which, at the sheriff's sale, was struck off to the plaintiff for 133 dollars and 33 and one-third cents, and he received the sheriff's deed. This action was brought to recover the money so... |
|
Cases |
|
| Price v. Moses |
10 Rich. 454, Court of Appeals of Law of South Carolina (May 01, 1857) |
1857 |
P. assigned goods to M. to cover his liabilities to the firm of M. & M. and to M. M. allowed the goods to be taken by W., another creditor of P.:Held, that M. had no right so to dispose of the goods, and that he was liable to P. for the value. M. was bail for P. to W.:Held, that, because of his contingent and possible liability as... |
|
Cases |
|
| Pritchett v. Sessions |
10 Rich. 293, Court of Appeals of Law of South Carolina (January 01, 1857) |
1857 |
Where, in trover against the Sheriff for levying, under foreign attachments, a steam boat claimed by the plaintiffs as assignees of the absent debtor, the question was, whether the attaching creditors had notice of the assignment, held, that notice to their agent was notice to them, and that the agent's declarations at the time of levying the... |
|
Cases |
|
| Quarles v. Grigsby |
31 Ala. 172, Supreme Court of Alabama (June 01, 1857) |
1857 |
[CREDITOR'S BILL AGAINST FRAUDULENT GRANTEE OF DECEASEN DEBTOR.] APPEAL from the Chancery Court of Marengo. Heard before the Hon. WADE KEYES. |
|
Cases |
|
| Quarles v. Kerr |
14 Gratt. 48, Supreme Court of Appeals of Virginia (September 03, 1857) |
1857 |
(Absent LEE, J.) 1. Trustee files a bill to enforce the trust deed, and in this case the court decrees the sale and distribution of the trust subject among the creditors provided for, except one, who is excluded under the provisions of the deed, because he sued out execution on his judgment. This creditor then files a bill to set aside the trust... |
|
Cases |
The case or administrative decision has some negative history, but has not been reversed or overruled. |
| R. & J. Caldwell & Co. v. Dulin |
22 Ga. 4, Supreme Court of Georgia (March 01, 1857) |
1857 |
[1.] D gave his notes with securities, in settlement of an account. Afterwards he filed a bill to open the settlement, alleging that if the balance was against him at all, it was not against him to an amount as large as the amount of the notes. Held, that he ought to have joined the surities as complainants with him, unless they were unwilling to... |
|
Cases |
|
| Redding v. Allen |
3 Jones Eq. 358, Supreme Court of North Carolina (December 01, 1857) |
1857 |
Every one who reads the testament submitted to us for construction will, at the first blush, be struck with its singularity in this: it has but one clause; no executor is appointed; it disposes of but one class of the testator's property, to wit, that which he acquired jure mariti, and there is an intention to die intestate as to the other class,... |
|
Cases |
|
| Redmond v. Anderson |
18 Ark. 449, Supreme Court of Arkansas (January 01, 1857) |
1857 |
Where a writ of certiorari has been issued from the circuit court to the clerk of the probate court; and the transcript, therein ordered to be certified to the circuit court, is filed therein, and the court proceeds in the cause as if the writ had been regularly returned, though the transcript shows no return, this court will presume, in favor of... |
|
Cases |
|
| Reed v. Crocker |
12 La.Ann. 436, Supreme Court of Louisiana (June 01, 1857) |
1857 |
Appeal from the Second District Court of New Orleans, Morgan, J. |
|
Cases |
|
| Reed v. Scott |
30 Ala. 640, Supreme Court of Alabama (June 01, 1857) |
1857 |
[ACTION ON PROMISSORY NOTE.] APPEAL from the Circuit Court of Macon. Tried before the Hon. E. W. PETTUS. |
|
Cases |
|
| Reinhart v. Miller |
22 Ga. 402, Supreme Court of Georgia (June 01, 1857) |
1857 |
(1.) If an instrument offered in evidence is objected to on account of interlineations, what the interlineations were, should appear in the record; but they are not an objection to admitting the instrument in evidence. The jury must decide upon them. (2.) When a party present, and an instrument is presented for his signature, directs another to... |
|
Cases |
|